Citations
- 336 S.W.2d 291
Full opinion text
CHADICK, Chief Justice.
This is an action for extraordinary relief by mandamus and injunction and to cancel an illegal tax rendition and quiet title. The judgment of the trial court granting the taxpayer such relief is affirmed.
Gaines Baldwin, Independent Executor of the Estate of Mrs. Genevieve Abney O’Banion, Deceased, as plaintiff instituted this suit against the City of Waskom, Texas and the tax assessor and collector of the city in the district court of Harrison County. The city and its tax official answered. Trial before the court resulted in a judgment from which the city and tax officials have perfected their appeal.
The parties in the trial court agreed the allegations of fact in the original petition were correct and that judgment might be entered thereon as upon an agreed statement of the facts of the case.
The nature of the parties’ pleadings so far as it may be necessary to be noticed will be made in the discussion of the four points of error briefed. Discussion can be followed best by setting out appellants points of error. They a